Law Commons^™

Limiting Lessons From Property: Re-Imagining The Public Domain In The Image Of The Public Trust Doctrine, Deidre Keller

Journal Publications

No abstract provided.

Critical Race Ip, Deidre Keller

Journal Publications

In this Article, written on the heels of Race + IP 2017, a conference we co-organized with Amit Basole1 and Jessica Silbey,we propose and articulate a theoretical framework for an interdisciplinary movement that we call Critical Race Intellectual Property (Critical Race IP).Specifically, we argue that given trends toward maximalist intellectual property policy, it is now more important than ever to study the racial investments and implications of the laws of copyright, trademark, patent, right of publicity, trade secret, and unfair competition in a manner that draws upon Critical Race Theory (CRT). Situating our argument in a historical context, we articulate …

Copyright To The Rescue: Should Copyright Protect Privacy?, Deidre Keller

Journal Publications

While some courts have held that “[i]t is universally recognized . . . that the protection of privacy is not the function of our copyright law,” the remedies afforded copyright owners make pursuing copyright claims an attractive option to privacy plaintiffs. Copyright remedies include the removal of digital copies from the internet and the destruction of physical copies. The extent to which copyright ought to protect privacy interests has been considered in various jurisdictions recently but has not been treated comprehensively by contemporary legal scholars in the United States. This piece seeks to undertake that treatment.

Part II of this …

Community Economic Development, Legal Clinic Program

Course Descriptions and Information

This clinic emphasizes transactional practice skills. This clinic provides short term counseling in a broad range of small business matters such as corporations, limited liability companies, partnerships, intellectual property, copyright, trademark, privacy law, nonprofit organizations, art groups as well as the legal requirements for starting a small business. Students provide direct legal assistance, counseling, representation, community legal education, and informational materials to new and mature for-profit and non-profit organizations, individuals and community groups seeking to better the economic, social, equitable and cultural well-being of low income communities.

Centering Education In The Next Great Copyright Act: A Response To Professor Jaszi, Deidre Keller

Journal Publications

Rather, as the Georgia State decisions exemplify, educators and educational institutions are treated like every other unlicensed user of copyrighted materials; they are expected to prove that each use is a fair use firmly within the confines of existing fair use jurisprudence. Jaszi further asserts that endeavoring to change the copy-right statute is a lost cause and offers, as the least bad alternative, the possibility of educators articulating their uses as transformative and, therefore, well within the recognized parameters of the fair use doctrine. This piece responds to Professor Jaszi’s article. Part II briefly analyzes the Georgia State decisions out …

“What He Said.” The Transformative Potential Of The Use Of Copyrighted Content In Political Campaigns —Or— How A Win For Mitt Romney Might Have Been A Victory For Free Speech, Deidre Keller

Journal Publications

In January 2012 Mitt Romney’s campaign received a cease-and-desist letter charging, among other things, that its use of news footage concerning Newt Gingrich’s ethics problems in the House of Representatives constituted a violation of NBC’s copyright. This is just the latest such charge and came amidst similar allegations against the Gingrich and Bachmann campaigns and in the wake of similar allegations against both the McCain and Obama campaigns in 2008. Such allegations have plagued political campaigns as far back as Reagan’s in 1984. The existing literature is nearly devoid of a consideration of such uses as political speech protected by …

You Don't Own Me: Why Work For Hire Should Not Be Applied To Sound Recordings, William Henslee, Elizabeth Henslee

Journal Publications

Many recording artists and songwriters never reap the rewards of their work. America's first professional songwriter died in poverty at the age of thirty-seven. At the Congressional level the situation has described recording artists as "one group of creators who get ripped off more than anybody else in any other industry". As we approach 2013, there will be a new line of cases that deal with authors of sound recordings attempting to terminate their copyright assignment to the record companies. While the most efficient and frugal solution would be legislative action, the most probable outcome is expensive, fact-intensive litigation. Congress …

Copyright Infringement Pushin': Google, Youtube, And Viacom Fight For Supremacy In The Neighborhood That May Be Controlled By The Dmca's Safe Harbor Provision, William Henslee

Journal Publications

No longer does it seem that a copyright infringer is "anyone who violates any of the exclusive rights of the copyright owner." Now, one who uses the copyrighted material without the permission of the owner is not an infringer until the court decides that the infringer has gone too far in appropriating content that he or she did not create. This new world order was most recently challenged in Viacom International Inc. v. YouTube, Inc. This Article will explore why the Viacom/YouTube litigation should be the case that reestablishes the rights of copyright owners and clarifies the seemingly disparate views …

What's Wrong With U.S.?: Why The United States Should Have A Public Performance Right For Sound Recordings, William Henslee

Journal Publications

This Article discusses the need for the United States to implement a public performance royalty for sound recordings. Under the current system, song writers are compensated for the use of their musical works, but performers on sound recordings do not receive any compensation. Radio and television stations currently pay the performing rights societies a royalty for playing the sound recordings, but they do not pay a performance royalty to the artists who perform the music and record companies that promote and release the sound recordings. Proposed legislation will add a performance royalty for artists and record companies to the current …

The Graying Of The American Manufacturing Economy: Gray Markets, Parallel Importation, And A Tort Law Approach, Joseph Karl Grant

Journal Publications

This Article examines the history of the gray market in the United States through an analysis of both the domestic legislative framework and judicial treatment of gray market goods, primarily under trademark and copyright law. Part I of this Article provides a general introduction into the structural factors that cause parallel importation. Part II begins a discussion of trademarked goods by looking at the purposes of trademark law. Part III starts by discussing the relevant doctrines and provisions of the Copyright Act of 1976, which frame the gray market discussion. Part III concludes by examining the current debate and the …

Why Can't We Be Friends? It's War!, William Henslee

Journal Publications

This article will trace the origins of the original band WAR through the years that led up to a pie-throwing incident that had been brewing for over ten years. It is an unbelievable story involving greed, betrayal, legal malpractice, and, of course, rock and soul. While there are no "good guys" in this story, the real victims are the consumers and fans. The original WAR members cannot use biographical information related to WAR in advertising; while the cover band WAR is owned and operated by the original WAR's manager. Confused? So is the consumer. "Take a little trip with me" …

Money For Nothing And Music For Free? Why The Riaa Should Continue To Sue Illegal File-Sharers, William Henslee

Journal Publications

The Recording Industry Association of America ("RIAA") has sued over 35,000 people for illegal file-sharing music, or uploading and downloading music. The RIAA has sued anyone under its "making available" theory, or anyone who offers to distribute copyrighted music without the owner's consent. However, the United States Circuit Courts of Appeals are split on whether copyright infringement occurs when a file is "made available" or when there is actual dissemination of a file. Due to this split, the RIAA has negotiated deals with internet service providers to penalize individuals who illegally share files. This article analyzes a recent decision, Capitol …

You Can't Always Get What You Want, But If You Try Sometimes You Can Steal It And Call It Fair Use: A Proposal To Abolish The Fair Use Defense For Music, William Henslee

Journal Publications

The fair use doctrine in copyright has become the excuse for every creatively challenged author who gets caught using someone else's intellectual property without paying for it and tries to pass it off as his or her own. Fair use has also become the means to use someone else's work for purposes unrelated to the original without paying for the use.

While there are scholars who believe fair use should be more widely applicable than it already is, this Article will discuss how the fair use defense in music has been expanded far beyond the original legislative intent and has …

Marybeth Peters Is Almost Right: An Alternative To Her Proposals To Reform The Compulsory License Scheme For Music, William Henslee

Journal Publications

Since Napster made mass digital downloads and online piracy available and accessible in June of 1999, the music industry has been under attack. Traditionally, record companies have received their revenue from phonorecord sales and use of the music in film, television, and advertisements. Performers have received their income from record companies based on a percentage of the sales income after the company has recouped its investment in the artist.

With the current technology and digital marketing available, all of the players in the music business believe that the revenue distribution models need to change but, to date, have been reluctant …